GOVERNMENT OF ANDHRA
PRADESH
Backward Classes Welfare Department - Inclusion of Muslim Community
within the purview of Backward Classes of Citizens under Articles 15(4) and
16(4) of the Constitution and to provide 5% (five percent) reservations in
educational Institutions and employment in the State over and above the
reservations presently available to the Backward Classes under Category;
"E" in addition to the existing A, B, C, D Categories -
Recommendations of A.P. Commission for Backward Classes - Orders - Issued.
G.O.Ms.No.18 Dated:25-6-2005
Read the following:
1.
G.O.Ms.No.1793, Edn. Education Dept., dt.23.9.1970.
2.
G.O.Ms.No.33, Backward Classes Welfare (C2) Dept., dt.12.7.2004.
3.
From the High Court of A.P. Hyd., order dt.21.9.2004 in W.P. Nos. 12239, 12?52,
12653, 12744, 13059, 13073 & 13113 of 2004.
4.
G.O.Ms.Nos.57 & 58, Backward Classes Welfare (C2) Dept., dt.18.11.2004
& 6.12.2004.
5.
Govt. Letter No.5488/C2/2004-3, Backward Classes Welfare (C2) Department,
dt.1.12.2004.
ORDER:
The following Notification shall be published in the extraordinary issue of A.P. Gazette dated 25th June 2005.
2. And whereas, based on the recommendations made by the Commissioner of Minorities Welfare, orders were issued in G.O.Ms.No.33, Backward Classes· Welfare Department dated 18.11.2004 providing 5% (five percent) reservations in educational institutions and employment in the State over and above the reservations presently available to the Backward Classes and the Muslim Minorities to be treated as Backward Classes under Category "E" in addition to the existing A, B, C, D Categories.
3. And whereas, the High Court of A.P., Hyderabad, in its Judgement dt.21.9.2004 in W.P. Nos. 12239, 12552, 12653, 12744, 13059, 13073 & 13113 of 2004 considering the facts and circumstances of the case has viewed that the impugned G.O.Ms.No.33 is unsustainable, and at the most it can be treated as reference of the Government to the Commission for Backward Classes. The High Court directed the State Government to reconstitute the Commission for Backward Classes and the Government shall initiate the process of consultation and forward the necessary material, including the G.O.Ms.No.33, to the Commission for Backward Classes. The High Court further directed that on receipt of the same, the Commission for Backward Classes shall examine the same, and submit a report to the Government within a period of four months, for taking appropriate action in this regard by the Government and the Government has to pass appropriate orders within a period of three months thereafter, considering the dicta laid down by the Supreme Court in INDRA SAWHNEY Case.
4. And whereas, in view of the aforesaid directions of the High Court of A.P. the Government have issued orders constituting the Andhra Pradesh Commission for Backward Classes, consisting of one Chairman and three Members and one Member Secretary with certain terms and conditions Vide G.O.Ms.No.57, Backward Classes Welfare Department dated 18.11.2004. The Commission assumed charge on 22.11.2004. The Government sought the opinion of the A.P. Commission for B.Cs under section 9(1) of the A.P. Commission for Backward Classes Act 1993 (Act 20 of 1993) whether to include Muslim Community within the purview of Backward Classes of citizens under articles 15( 4) and 16( 4) of the Constitution and requested to furnish the advise of the Commission to the Government as it deems appropriate at the earliest.
5. And whereas, the Backward Classes Commission has presented its report on 14.6.2005 to the Government.
6. And whereas, the Government considered the recommendations of the A.P. Commission for Backward Classes and the Governor of Andhra Pradesh promulgated Andhra Pradesh Reservation of seats in the Educational Institutions and of appointments of posts in the public services under the State to Muslim Community Ordinance 2005.
7. Now, therefore, for the purpose of Articles 15(4) and 16(4) of the Constitution of India and in exercise of the powers conferred under Section 6 of the Andhra Pradesh Reservations of seats in Educational Institutions and of appointments or posts in public services under the State to Muslim Community Ordinance, 2005, the Government of Andhra Pradesh, hereby, notify, the Muslims residing in the State (Other than Dudekula, Laddaf, Pinjari / Noorbash and Mehtar), as Socially and Educationally Backward and include them in the list of Backward Classes under separate Category "E" (Which shall be in addition to the existing "A", "B", "C" and "D" Categories).
8. Accordingly, the Government of Andhra Pradesh hereby provide 5% (Five percent) reservation of seats in Educational Institutions and in appointment of posts in the public service under the State to the Muslims residing in the State (Other than Dudekula, Laddaf, Pinjari / Noorbash and Methar who are already included in the list of Backward Classes).
9. The Creamy Layer under category "E" shall be such, as may be determined by the State Government and till such determination takes place, the guidelines issued by the Government of India from time to time shall be followed.
10. All the concerned Departments are requested to make necessary amendments to the rules and regulations in this regard.
11. These orders will come into force with immediate effect.
(By order and in the name of the Governor of Andhra
Pradesh)
